Supreme Court · 2012 INSC 343 · Decided 21 August 2012
Ghanshyam Dass Gupta v. Makhan Lal
- Court
- Supreme Court of India
- Citation
- 2012 INSC 343 · [2012] 8 S.C.R. 153
- Case number
- CIVIL APPEAL No. 5950/2012
- Decided
- 21 August 2012
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 41
Headnote
A B Code of Civil Procedure, 1908 - Order 41 Rule 17 (1) Explanation - Scope of - Dismissal of appeal on merit by High Court, when there was no appearance on behalf of the C appellant - Held: In view of the explicit language of Explanation to Order 41 Rule 17(1), High Court could not have gone on behalf of the appellant - Direction to High Court to dispose of the appeal in accordance with law. D Abdur Rahman and Ors. vs. Athifa Begum and Ors. (1996) 6 SCC62: 1996 (5) Suppl. SCR 391 - relied on. Case Law Reference: 1996 (5) Suppl. SCR 391 Relied on Para 9 CIVIL APPELLATE
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